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State Files Response Challenging Casey Defense Team

Posted: 3:52 pm EDT September 22, 2009Updated: 6:07 pm EDT September 23, 2009

Prosecutors are challenging the defense team in the case against Casey Anthony. The prosecution filed a response to a defense motion Tuesday asking Casey's attorney, Jose Baez, and his team to prove the state kept defense experts from having adequate access to the site where Caylee's remains were found.


READ: State's Response | Defense's Motion

The defense wants the case dismissed because of issues with the crime scene.

Casey Anthony could face the death penalty if she's convicted of killing her daughter, Caylee Anthony.


CASEY ANTHONY'S ATTORNEYS WANT CASE DISMISSED

Casey Anthony's attorneys say they want a judge to dismiss the murder case against her because the state prevented them from properly inspecting the woods where her daughter's remains were found.

Casey Anthony's defense team filed four motions Thursday in the murder case she's facing in the death of her daughter Caylee.

The defense team's "Amended Motion for Venue Change" (read it) asks the judge to either throw out the murder case against Casey Anthony or move the trial to south Florida.


READ MOTIONS FILED 09/17/09
Amended Motion For Venue Change
Motion To Dismiss Due To Spoliation Of Evidence
Order To Directing Jail Videos Be Destroyed
Motion Prohibiting Videotaping Attorney Visits
Response To State's Request On Discovery

A "Motion To Dismiss Due To Spoliation Of Evidence" (read it) has the defense saying the state failed to preserve any evidence that could clear Casey by not allowing defense experts to be present where Caylee's remains were found in December while investigators were processing the area.

WFTV legal analyst, Bill Sheaffer, said there is no chance the motion will be approved.

"This motion is without precedent, it's without substance, easy call on this one, denied," Sheaffer said.

The defense also wants the jail videos of Casey and her family to be destroyed and submitted a "Protective Order" (read it) requesting such action.

The defense also issued a response to the state's request to "compel reciprocal evidence" (read it) and asked that attorney visits with Casey not be videotaped (read it).


PRIVATE EYE ACCUSED OF LYING ON THE STAND

Zenaida Gonzalez's lawyers say they've exposed a lie in the case against Casey Anthony. They say the Anthonys' private investigator, Dominic Casey, was not telling the truth on the witness stand last week.

Prosecutors now want to depose Dominic Casey in November. Prosecutors believe his information is not privileged and he can be questioned.

Also, a new motion from the prosecution claims one of Casey's lawyers is either lying or not playing by the court's rules.


MOTIONS: Compel By Zenaida | Strike By P.I.
TRANSCRIPTS: Wednesday's Hearing
JUDGE'S ORDER: To Release Transcripts
VIDEO REPORT: Lie May Be Exposed

Lawyers say Dominic Casey's contradictions about whether he was part of the defense team in November when he searched woods where Caylee Anthony's remains were later found, could be a bombshell in the murder case.

Last week under oath, the private eye said he was working for Casey's defense team when he searched the woods in November.

"You would be working under contract for Casey Anthony, Jose Baez and George and Cindy? All at that time?" asked attorney Keith Mitnik.

"That would be correct," responded Dominic Casey.

If that's true, WFTV legal analyst Bill Sheaffer says it links Casey Anthony to her daughter's remains in the woods.

"It is more likely then that the information that lead him to that area came from someone in the defense team who had the knowledge this body was there," Sheaffer said.

But in June 2008, the private investigator told detectives under oath that he was not working for the defense during the search.

"When did you terminate with Jose Baez?" asked an investigator.

"The termination was October 1," replied Dominic Casey.

The contradiction raises questions about the claim that a psychic sent him to the woods. Compounding the problem is a recent mistake by Casey's defense.

"The body or remains of Caylee Anthony were placed there after Casey Anthony was locked up in the Orange County jail. There is substantial evidence and that proves, your honor her innocence," defense attorney Todd Mancaluso stated in court.

Prosecutors demanded that the defense hand over that evidence, which they are legally required to do. If nothing is handed over, it backfires on Casey Anthony.

There were two hearings that were requested by prosecutors and lawyers for Zenaida Gonzalez on the issues.

Also, 2,000 pages of criminal discovery are expected to be released sometime after this week.

Casey Anthony remains in the Orange County jail, charged with murdering her daughter Caylee.


JUDGE SAYS PRIVATE EYE DOESN'T HAVE TO TESTIFY

Lawyers were in court Wednesday hashing out motions in the Zenaida Gonzalez civil case. Her attorneys already withdrew demands to question Casey's parents again, but they wanted a crack at the family's private eye, Dominic Casey.


COURT HEARING: Part 1 | Part 2
VIDEO REPORT: Private Eye Won't Testify

The attorneys were also going to ask the judge to order George and Cindy Anthony to answer more questions, but they decided to drop that motion and just focus on D. Casey.

Zenaida Gonzalez's attorneys scheduled the hearing to ask the judge to hold D. Casey in contempt, because he did not show up to his deposition. In a very odd move, the judge allowed Dominic Casey to take the stand and testify before he made a ruling.

The private eye's attorney argued that he was hired by the Anthony family and Jose Baez, so he has privileged information and did not have to testify. Keith Mitnik, the attorney for Gonzalez, argued he needed to ask those questions before that determination could be made. So, D. Casey's attorney suggested taking his testimony and the judge agreed.

"When you were in the woods looking for the body, you were hired by George, Cindy, Jose and Casey Anthony?"

"Yes, that would be correct," D. Casey said.

The judge ruled Dominic Casey did not have to be deposed, with the condition that he show the contracts to the judge stating he was indeed employed by the Anthony family and Jose Baez.

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